Mayor Cutler presented awards to winners of the Youth Council coloring contest who were unable to attend the December 15, 2015 Council meeting.

OPEN SESSION

Dale McIntyre – Mr. McIntyre referenced a comment made during the open session on December 3, 2013 regarding whether or not Centerville police officers take an oath to defend the Constitution. Mr. McIntyre stated the White House Press Secretary has announced that President Obama is preparing a series of executive orders to limit Second Amendment rights. He asked, if the President does sign those executive orders, if the Centerville Police Department would enforce those orders, or stand by their sworn duty to defend the Constitution. Mayor Cutler responded that he has not received communication from the President regarding directives to Centerville, and stated that the City will continue to follow the law as written.

Rick Bingham – Mr. Bingham thanked past members of the City Council for their service, and thanked those who are new to the Council. He expressed appreciation for all those who serve in the community.

Larry Wright – Former Councilman Wright expressed appreciation to the current Council members for the hours of service they will perform in behalf of the community.

Kyle Green – Mr. Green expressed appreciation to past and new members of the City Council. December 31st was the cutoff for the deer trapping season, and Mr. Green asked about the results of the City’s trapping efforts. Mayor Cutler reported that three deer were taken before the end of the trapping season. In addition, multiple deer have been hit by automobiles within the City in recent weeks. Mr. Thacker added that trapping is expected to resume in August of this year.

MINUTES REVIEW AND ACCEPTANCE

The minutes of the December 15, 2015 Council meeting were reviewed. Councilwoman Fillmore made a motion to approve the minutes. Councilman Ince seconded the motion, which passed by unanimous vote (5-0).

PUBLIC HEARING – LEGACY TRAILS SUBDIVISION – PLAT AMENDMENT

Cory Snyder, Community Development Director, explained a misunderstanding on Maverick’s part regarding the size of Legacy Trails Subdivision Lot 1, and the subsequent request to amend the boundaries. The request involves a reduction in the width of the common access lane from 30 feet to 28 feet. Staff recommends approval of the proposed Amendment. Councilwoman Mecham asked if the common access lane will be used by emergency vehicles. Mr. Snyder responded that the lane will be a secondary access for emergency vehicles. The primary emergency access will be the roundabout on 1250 West. Emergency vehicles require a minimum width of 20 feet. Parking will not be allowed on the common access lane.

At 7:20 p.m. Mayor Cutler opened a public hearing.

Garth Heer – Mr. Heer asked if the error was on the original public documents, or was a mistake made when the maps were read. He also asked if the effect on emergency vehicles of reducing the common access lane by two feet has been examined.

Dale McIntyre – Mr. McIntyre asked if the property owners were involved in the discussions between Maverick and the City that resulted in the request to reduce the common access lane width.

Holly Ince – Ms. Ince expressed concern that the main emergency access for the development will be through the roundabout. She said she was present in a meeting when the Fire Department stated that the roundabout is a problem, and said she does not think it sounds like a good idea.

Mayor Cutler closed the public hearing at 7:22 p.m. Mr. Snyder stated that the misunderstanding occurred when Maverick anticipated the lot size incorrectly. A median will be installed on Parrish Lane in conjunction with the project, making left-hand turns off of Parrish Lane into the development impossible. Primary access into the development will be from the roundabout. Mr. Snyder said the Fire Department has approved construction of up to 90 residential units with the singular access, and he is not aware of the Fire Department having a problem with the roundabout. Construction of the remaining units cannot occur until the secondary access is added. The Maverick lot will also have a secondary access point.

Councilwoman Fillmore made a motion to approve Subdivision Plat Amendment for the Legacy Trails Subdivision located at approximately 1250 West and Parrish Lane, subject to the recommended conditions and findings. Councilman Ince seconded the motion. Councilwoman Ivie stated she is still concerned about fire access. Mr. Snyder responded that Fire Department review generally takes place during the building permit process, but the Council could choose to condition approval of the Amendment based on Fire Department review and acceptance. He repeated that fire access lane width is a clear space of 20 feet. Councilwoman Ivie stated she would be more comfortable with Fire Department approval. Councilwoman Fillmore amended her motion to add a condition of review by the Fire Department. Councilman Ince seconded the amended motion.

Chad Salmon – As petitioner, Mr. Salmon stated that the Fire Department has been involved continually and fully from the beginning, and has approved everything. The original plan for the property included a single access at the roundabout. Since that time two secondary access points have been added.

The amended motion passed by unanimous vote (5-0).

Conditions:

1) Preparation and submittal of a final linen subdivision plat to the City Recorder’s Office to reflect the changes to Lot 1 and the common access lane.
2) Submit and obtain written approval from the Owner’s Association and record and related changes as part of the recording of the amended plat.
3) All original subdivision plat notes are also indicated on the linen of the new plat to be recorded, as deemed acceptable by the City Engineer and Attorney.
4) All corrections and revisions requested by the City Engineer and Attorney shall be made to the final amended plat prior to recording.
5) Applicant must obtain Fire Department acceptance of reduction in common access lane width prior to recording.

Findings:

a. The City Council finds that amendment is consistent with the original plat’s expectation to develop an integrated planned development, which included a proposed gas and convenience store to be located on Lot 1.
b. The City Council finds that the Owner’s Association has interest in the common access lane, which the petitioners must obtain their sanction to the proposed changes.
c. Therefore, with specific conditions of approval, the City Council finds that the public interest will NOT be materially injured by the proposed plat amendment.
d. Therefore, the City Council also finds that there is good cause for the plat amendment.

Mr. Snyder explained the request to change the City Zoning Map for a block of property located at approximately 1851 North Main Street (actually located south of 1850 North Street). The property owners desire to sell the undeveloped property, currently zoned Agricultural-Low (A-L). A group of six neighboring property owners with lots on 1850 North adjacent to the north side of the property have expressed a desire to purchase the undeveloped land to add to their properties with boundary line adjustments, with the intent that the land remains undeveloped. The properties to the north are zoned Residential-Low (R-L). Since no single piece of property can have two zoning types, the applicant requests a rezone of the subject property from A-L to R-L. Mr. Snyder pointed out that if the proposed outcome does not come to fruition, development may occur. He added that the rezone request should be considered based on whether or not it is consistent with the General Plan and the time is right for the change.

Two roads currently stub into the property (170 West and 1800 North), but do not provide authorized access. If use of the stubs as access were to become a problem (i.e., mud tracked onto City roads), the City could barricade access at those points. Mr. Snyder showed on a map that undeveloped land adjacent to the property on the south (approximately 1.5 acres) would remain A-L. He said it was his impression that the Planning Commission felt the neighboring property owners becoming involved is beneficial. The General Plan provides for the property to eventually become R-L, the question is when. Mr. Snyder said he is not aware of any easements on the property in question at this time. Mayor Cutler asked what tools are available to the Council to plan for future access to the property. Mr. Snyder responded that the timing of the rezone is the tool available. Easements cannot be required as part of the rezone process. Responding to a question from Councilwoman Mecham, Mr. Snyder confirmed that parcels of property on the south side have been purchased to extend properties on 1750 North, but the purchases were not approved or sanctioned by the City.

Gary Perkins, representing the applicant, provided historical background of the undeveloped land, which has been actively farmed through the 2015 growing season. He pointed out that it is impossible to know what will happen 20-30 years in the future, and he believes it would be in the best interest of everyone to allow the neighboring homeowners to purchase the property. It was explained that the property has access to water rights, which are granted and allocated through Weber Basin. Councilman McEwan asked about the intended size of the parcels to be purchased by the neighbors, and whether or not the group of neighbors is unanimous in the desire to purchase the entire piece of undeveloped property. Mr. Perkins responded that the new rear-lots would extend to the current south property line, and the group of potential buyers is unanimous in wanting to purchase all of the property. He added that the current property owners intend to sell the entire piece in one transaction.

At 7:58 p.m. Mayor Cutler opened a public hearing.

Blake Brogue – Mr. Brogue stated that he lives on 1750 North and owns the large open space and narrow strip of land adjacent to the property in question on the south side. He initially purchased the large open space and was promised access to his property through the 1800 North stub. When he later learned that the stub road would never be a public access, he bought the narrow strip (40 feet wide) that leads from the stub end of 1800 North to his open property, without realizing that an access problem would still exist. Mr. Brogue expressed his concern that, if the proposed rezone is approved and the intended boundary adjustments take place, options for future utilization of the undeveloped land would be restricted for everyone involved. He suggested that everyone involved come together and find a way to give everyone what they need for the greater good. Mr. Brogue said he does not think reducing the ways to utilize the property is in the best interest of the community. He clarified that his main concern is regarding access.

Kyle Green – Mr. Green said he does not have a vested interest in the proposed rezone. He suggested the property owners find a way to add an additional 10 feet of land to the existing 40 foot strip that extends from 1800 North to preserve easement access for the future.

Matt Reynolds – Mr. Reynolds stated that he lives on 1850 North and represents the six property owners proposing to purchase the property in question, with the desire to keep the property undeveloped. He said the current property owners were clear that they will only be involved in one sweeping transaction, and will not be involved in selling the property piece by piece. Earnest money has been paid, and the transaction will move forward if the Council approves the rezone. Mr. Reynolds said the buyers would prefer the property to remain A-L, but they understand why a rezone is necessary. He said the buyers are aware the City has a right to push snow up against the road stubs or otherwise block access. If necessary, the property owners will access the rear lots through their existing properties. He stated that the buyers intend to have a private easement, putting gravel down for a 12-15 foot joint access from 170 West, continuing along the rear of the properties. There is no intention to build along the southern boundary, and easements would not be blocked.

Lamar Bangerter – Mr. Bangerter stated that he lives on 1750 North and owns some of the extended property south of the property in question. He said he has loved having the extended property, and he wants everyone on 1850 North to have the same opportunity to extend their properties. An additional 10 feet would be needed to create a public right-of-way if desired in the future. He suggested those involved on both sides pull together to preserve the open space now, and keep options open for the future.

Holly Brogue – Ms. Brogue stated that she and her husband are not against the proposed rezone. They have loved their extended backyard and are excited for their neighbors on 1850 North to have the same opportunity. They are concerned that there needs to be a plan for access in the future to avoid eliminating options. She proposed that the property owners on both sides have more time to meet and discuss how to achieve what is desired.

Matt Reynolds – Mr. Reynolds said he does not think there is any disagreement among the neighbors regarding how to make it happen in the future. He agreed that the neighbors should meet together, but said he feels the easement issue is separate from the rezoning issue and has nothing to do with the sellers. He said it would not be right to delay the rezone and hold the sellers hostage while the easement issue is worked out between the neighbors.

Lee Skabelund – Mr. Skabelund commented that, with the emphasis on open space, the fact that the City is in need of more cemetery space came to mind. He agreed that future access needs to be planned for and provided.

Terry Blake – Mr. Blake said he lives on 1850 North and is a potential buyer. Regarding access, he stated the six families came together and agreed to give 15 feet of their property to each other. He said he does not see similar cooperation occurring in other locations, and he does not understand why others would fight against it.

Blake Brogue – Mr. Brogue asked Mr. Snyder to clarify the impact of the proposed rezone on the existing road stubs and access.

At 8:26 p.m. Mayor Cutler closed the public hearing. He explained that the Council may seem hesitant because of a recent situation where property was rezoned from A-L to R-M with a plan for an assisted living center presented, but then ended up being a development that was not as favored by the neighbors. He said it is appropriate for the Council to ask questions and be cautious in planning for the city 30 years down the road. Mayor Cutler said it is remarkable that the neighbors have been able to come together to preserve something important to them. Mr. Snyder stated that if the Council approves the rezone, the lot split transaction can take place. There is no guarantee that the outcome that has been talked about will occur. He said that trust is part of the issue, and in his experience he has seen many situations change. Mr. Snyder pointed out that the remnant parcel would remain A-L, with animal rights attached. He said the most likely mechanism for the remnant parcel to develop in the future would be as a flag lot. The risk lies with the proposed buyers in that, if the lot split transaction does not take place, the property would be eligible for R-L development.

Ms. Romney stated it is up to the property owners to decide if they want to dedicate a full public right-of-way. City ordinances do not currently require a plat with a rezone request. The Council needs to decide whether the proposed rezone is consistent with the goals, objectives, and policies of the General Plan, and whether the proposed rezone is consistent with the overall character of development in the vicinity. The Council is not able to ask how the property will develop, or add development conditions to a rezone. As proposed, the land would be assimilated into existing lots. Subdivision would have to occur for new building lots to be created. Councilwoman Fillmore pointed out that in Centerville flag lots are the rare exception and are not allowed on subdivided property.

Applicant Gary Perkins said it has historically been understood that right-of-way would continue from 1800 North through the property. He suggested that agreement regarding future right-of-way could be a condition of the sale of the property. Councilwoman Mecham asked if two weeks would be enough time to work the right-of-way issue out. Mr. Perkins responded that two weeks would be enough time. Councilwoman Fillmore agreed with the suggestion to table the issue for two weeks. Referring to Finding #4 of the proposed ordinance, Councilwoman Fillmore said she feels the lack of settlement on the possible future road issue qualifies as an adverse effect for many of the property owners.

Councilwoman Ivie made a motion to table the issue to the next Council meeting to allow the interested parties to discuss the easement issue and bring back the rezone request unopposed. Councilman McEwan seconded the motion, which passed by unanimous vote (5-0).

Councilwoman Mecham disclosed that she lives within the Historic District, but her home would not qualify because it is less than 50 years old. She said she feels she can be objective. At the last Council meeting the City Council approved the Historic District Text Amendment and Zone Map Amendment, creating the Centerville Deuel Creek Historic District. City Attorney Romney explained that, in the process of making changes requested by the Council, she added a fourth tier regarding building permit fee reduction that states a zero percent fee reduction is granted for bash-and-build situations. Councilman McEwan asked why the commercial aspect was excluded from the ordinance. Councilwoman Ivie stated the Landmarks Commission wanted commercial properties included. Councilwoman Fillmore explained it was recognized by the previous Council that the cost impact to the city in the permitting process would be much greater with commercial properties than with residential properties. She agreed with the staff recommendation to ratify the ordinance as presented, and suggested the Council direct staff to evaluate the cost impact of incentivizing the commercial component. As liaison to the Landmarks Commission, Councilwoman Ivie commented that the Landmarks Commission discussed the uniqueness of the historic commercial properties, but did not differentiate between property types when drafting the incentives. Mr. Snyder added that at least one commercial property on Main Street is already on the National Register, and there is interest in putting the Randall service station on the Register.

Councilman McEwan said he feels the commercial component is important, and made a motion to table the issue for discussion in a work session with the Landmarks Commission, with direction to include commercial prior to ratifying Ordinance No. 2015-30. Councilwoman Ivie seconded the motion. Ms. Romney pointed out that ratification of the ordinance was noticed on the agenda. Councilman McEwan withdrew his previous motion, and made a motion to ratify Ordinance No. 2015-30 with the four tiers. Councilwoman Fillmore seconded the motion. Mayor Cutler requested the addition of the word “and” to a definition in the Ordinance for clarification. Council members McEwan and Fillmore agreed to the addition, and the motion passed by majority vote (4-1), with Councilman McEwan dissenting.

Councilwoman Ivie made a motion to reconsider the creation of the Centerville Deuel Creek Historic District, Ordinance No. 2015-30, specifically the provision that excludes commercial properties. Councilman McEwan seconded the motion, which passed by unanimous vote (5-0). Councilwoman Fillmore made a motion to return the matter to the Landmarks Commission, directing staff to include a fiscal impact evaluation for granting incentives to historic commercial properties. Councilman McEwan seconded the motion, and requested the motion include direction to submit a recommendation for rate structure. Councilwoman Fillmore agreed to the addition, and the motion passed by unanimous vote (5-0).

RECONSIDER DIRECTIVE TO STAFF AND PLANNING COMMISSION REGARDING POSSIBLE REZONE OF CENTERVILLE ELEMENTARY AREA PROPERTY FROM R-M TO R-L

Councilwoman Mecham disclosed that her property is within the subject area, and recused herself from the discussion. Councilman Ince suggested the rezone of Centerville Elementary area properties be taken off the Planning Commission agenda for the time being because there are enough other issues that will be looked at over the next several months that addressing the small piece does not warrant the time and effort. He expressed a desire to go back and look at the codes overall. Councilman McEwan agreed, and stated he feels there are other issues of higher priority for the Planning Commission to look at, specifically liability issues with the Main Street Plan. He added that he feels the proposed rezone of Centerville Elementary area properties is a distraction. Councilman Ince said a number of citizens have complained to him that there are portions of the codes and ordinances that are unfair and do not make sense. He said he feels they should be reviewed to make sure they make sense.

Councilwoman Fillmore agreed there is always room for improvement, but pointed out that in reality, work gets done when things are brought to the Council’s attention. Being responsive to the concerns of citizens is important. She said that over the last few months, much concern was expressed by citizens about the Main Street area and densities in south Centerville, with emphasis on R-L zoning. To be logical and consistent, Councilwoman Fillmore said it does not make sense to have higher density right behind the area where residents fought for R-L. She expressed a desire to be consistent with principles and how they are applied. Councilman McEwan responded stating that he hears what she is saying, but he thinks it is a matter of what is a priority for the Planning Commission. He repeated that he is concerned about liability issues with the recommended planter boxes and benches on Main Street. Councilman Ince repeated that he does not want to remove the issue completely, but would not give it a high priority at this time. Councilwoman Fillmore mentioned that the Council goal setting session is coming up, which will provide an opportunity to prioritize what the Council wants to accomplish. Councilman McEwan made a motion to eliminate the directive to staff to spend time on the possible rezone of Centerville Elementary area property, with the intention to discuss the issue with the Planning Commission at a goal setting work session. Councilwoman Ivie seconded the motion, which passed by majority vote (3-1), with Councilwoman Fillmore dissenting, and Councilwoman Mecham recused.

The Council took a break from 9:28 p.m. to 9:42 p.m.

MISCELLANEOUS BUSINESS

a. A public hearing regarding the proposed Accessory Dwelling Units ordinance will be held on January 19th.
b. Councilman McEwan explained his recommendation to video stream Council meetings to increase government transparency. He expressed the opinion that, with UTOPIA in the building, video streaming would be easy and inexpensive with one fixed camera. Mayor Cutler commented that the City has limited in-house IT resources. Councilman McEwan said he feels the burden is minimal relative to the increase in transparency. City Manager Thacker mentioned that audio recordings of the meeting are available online already. The Mayor stated that, with this item not already in the budget, the Council will have to look at where the funding would come from. Councilman McEwan stated his objective to be live by March. Mayor Cutler said he is supportive, but stressed the need to manage the cost and put together a process that is administratively simple. Councilman McEwan made a motion to direct staff to provide three bids by the next Council meeting, with the intent that the Council will make a decision and find the funding at the next Council meeting, with the goal to be live by the first Council meeting in March. Councilman Ince seconded the motion, which passed by unanimous vote (5-0).

MUNICIPAL CODE AMENDMENTS

Ms. Romney explained the proposal to separate Chapters 7 and 12 from Title 9 and create Title 17 regarding telecommunications systems, and Title 18 regarding cable systems. Councilman Ince commented that the City tax on his cell phone bill does not make sense. Mr. Thacker responded that the Legislature recognized the telephone tax as a significant source of revenue for cities, and determined that cities could impose a telecommunications tax of no more than 3.5%.

Councilwoman Mecham made a motion to approve Title 17, Ordinance No. 2016-02, and Title 18, Ordinance No. 2016-03. Councilman Ince seconded the motion, which passed by unanimous vote (5-0).

REVIEW COUNCIL MEETING PROTOCOL AND OTHER GUIDELINES AFFECTING COUNCIL MEMBERS

Councilman McEwan made a motion to table the review of Council meeting protocol to the next meeting. Councilman Ince seconded the motion. Following a brief discussion, Councilman McEwan amended his motion to table the review without bringing it back. Councilman Ince agreed to the amendment, and the motion passed by unanimous vote (5-0). Councilwomen Fillmore and Ivie expressed a desire to vary the Council seating arrangement.

WORK SESSION TO DISCUSS CITY FINANCES

The work session regarding City finances was postponed.

MAYOR’S REPORT

• Creation of the South Davis Metro Fire District has been officially approved by the Lieutenant Governor. Councilwoman Ivie commented that she has noticed two fire trucks and an ambulance dispatched for the same incident on more than one occasion, and asked why two trucks would be necessary. Mayor Cutler responded that regulations are involved. Staffing at each station and the individual needs of each incident are also factors. Councilman McEwan added that a lot of Federal regulation is involved. Mr. Thacker commented that emergency response staffing has been an ongoing challenge that has improved with the recently implemented mobile unit.

COUNCIL MEMBER ASSIGNMENTS AND APPOINTMENTS

• Mayor Cutler will continue to serve on the Fire District Board. Councilwoman Mecham agreed to serve as the City’s alternate representative. These appointments will be made via a
resolution at the next Council meeting.
• Councilwoman Ivie made a motion to appoint Councilwoman Fillmore as Mayor Pro Tem. The motion was seconded the Councilman Ince and passed by unanimous vote (5-0).
• Councilwoman Ivie made a motion to approve Resolution No. 2016-02 designating Councilman McEwan as the City’s representative with the Mosquito Abatement District. Councilman
Ince seconded the motion, which passed by unanimous vote (5-0).
• Councilwoman Ivie made a motion to approve Resolution No. 2016-01, reappointing Councilwoman Fillmore to the South Davis Recreation Control Board. Councilman McEwan
seconded the motion, which passed by unanimous vote (5-0).
• Councilman McEwan made a motion to accept the following names and appointments. Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).
o Councilman Ince will serve as Council liaison to the Chamber of Commerce and the Citizen Corps Council.
o Councilman McEwan will serve as the City’s representative on the UTOPIA Board. Mayor Cutler will continue on the UIA Board.
o Councilwoman Ivie will serve as Council liaison to the Whitaker Museum Board, and will continue as liaison to the Landmarks Commission.
o Councilwoman Mecham will serve as Council liaison to the Trails Committee and the Davis County COG Transportation Committee.
o Councilwoman Fillmore will continue as liaison to the Parks and Recreation Committee.
• Mayor Cutler recommended former Councilman John Higginson continue as the City’s representative with the Solid Waste District.
• Councilwoman Mecham made a motion to approve Resolution No. 2016-03 appointing Councilwoman Fillmore to represent the City Council on the Davis Performing Arts Center
Administrative Control Board. Councilman Ince seconded the motion, which passed by unanimous vote (5-0).
• Mayor Cutler recommended the Council reappoint Jack Dellastatious as Chair of the Centerville Community Foundation Board, reappoint David Gutke to another two year term on the
Community Foundation Board, and appoint Gary Goff to a two year term on the Community Foundation Board. Councilwoman Fillmore made a motion to reappoint Jack Dellastatious as
Chair, reappoint David Gutke, and appoint Gary Goff to the Centerville Community Foundation Board. Councilman Ince seconded the motion, and also expressed a desire to serve on the
Community Foundation Board. Councilwoman Fillmore made a motion to amend her motion, adding the appointment of Councilman Ince to the Community Foundation Board.
Councilwoman Ivie seconded her motion to amend, which passed by unanimous vote (5-0). The amended motion passed by unanimous vote (5-0).
• Councilman McEwan made a motion to reappoint Jason Hunter to a five-year term on the Board of Adjustments. Councilwoman Fillmore seconded the motion, which passed by
unanimous vote (5-0).
• Councilwoman Ivie made a motion to reappoint Brad Porter to a three-year term on the Landmarks Commission, which was seconded by Councilman McEwan and passed by unanimous
vote (5-0).
• Councilwoman Fillmore and Mayor Cutler reported on tragic deaths that occurred within the community in the last few days.

CITY MANAGER’S REPORT

• Local Officials Day at the Legislature will be January 27, 2016.
• The Property Rights Ombudsman of Utah will provide land use training to the Planning Commission and City Council on February 10th prior to the regular Planning Commission meeting.
• The Council will meet in a work session with State Legislators on January 19th at 5:30 p.m. prior to regular Council meeting.
• City Manager Thacker updated the Council regarding the pedestrian bridge fencing matter. Staff expects to present a bid to the Council at the first meeting in February.

ADJOURNMENT

At 10:50 p.m. Councilman McEwan made a motion to adjourn the City Council meeting and move to a closed meeting to discuss pending or reasonably imminent litigation. Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).

Following welcoming comments, Judge David Miller conducted the swearing-in of new Council members William Ince, George McEwan, and Robyn Mecham. Judge Miller commended the Council members for participating in this continuing experiment of democracy, and brief comments of appreciation were offered by the new Council members.